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Tre Hargett, Tennessee Secretary of State, et al. v. Tennessee State Conference of the NAACP, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-6024 · judgment November 16, 2022

Certiorari denied · June 12, 2023
Pre-decision estimate: 23% cert probability (95% interval 14%–37%)

Before the decision, about 5.7× the 4.1% base rate. The model weighted this up for a state or local-government petitioner, a circuit split argued in the petition, and a petition citing three to ten dissents.

Question presented

When, if ever, does a party who obtains a preliminary injunction, but never secures a final merits determination, qualify as a “prevailing party” eligible for attorney’s fees under 42 U.S.C. § 1988?

Counsel of record

For petitioner
James Matthew Rice
Office of Tennessee Attorney General

For respondent
Jon M. Greenbaum
Lawyers' Committee for Civil Rights Under Law

Case

Subject area
Attorneys (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Order
Order list, June 12, 2023 · Certiorari denied

Proceedings

  1. Jun 12 2023
    Petition DENIED.
  2. Jun 05 2023
    DISTRIBUTED for Conference of 6/8/2023.
  3. May 31 2023
    Rescheduled.
  4. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  5. May 09 2023
    Reply of petitioners Tre Hargett, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Apr 26 2023
    Brief of respondents Tennessee State Conference of the NAACP, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Mar 15 2023
    Motion to extend the time to file a response is granted and the time is extended to and including April 26, 2023, for all respondents.
  8. Mar 13 2023
    Motion to extend the time to file a response from March 27, 2023 to April 26, 2023, submitted to The Clerk.
    Main Document
  9. Feb 23 2023
    Response Requested. (Due March 27, 2023)
  10. Feb 22 2023
    DISTRIBUTED for Conference of 3/17/2023.
  11. Feb 21 2023
    Waiver of right of respondent Tennessee State Conference of the NAACP, et al. to respond filed.
    Main Document
  12. Feb 21 2023
    Brief amici curiae of Georgia, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  13. Feb 13 2023
    Petition for a writ of certiorari filed. (Response due March 20, 2023)
    PetitionAppendixCertificate of Word CountProof of Service